CASE SUMMARY

On November 22, 2021, several Ohio voters filed a petition with the Ohio Supreme Court challenging the state’s enacted congressional redistricting plan as violating the Ohio Constitution. Plaintiffs alleged the plan was a pro-Republican partisan gerrymander in violation of Article XIX, § 1(C)(3)(a), which prohibits the General Assembly from passing a plan that “unduly favors or disfavors a political party or its incumbents,” and unduly and excessively divided political subdivisions in violation of Article XIX, § 1(C)(3)(b). They sought a judicial declaration the enacted plan was unconstitutional, an injunction barring the plan from use in future elections, and for the court to take all necessary steps to remedy the violations, including the adoption of a new plan and delaying the 2022 elections and related deadlines.

• On December 17, 2021, the Ohio Supreme Court issued an order consolidating this case with another challenge to Ohio’s congressional plan, League of Women Voters of Ohio v. DeWine. Consolidated oral arguments were heard on December 28, 2021.
• On January 14, 2022, the Court struck down the enacted congressional plan as a partisan gerrymander in violation of Art. XIX, § 1(C)(3)(a) and as unduly splitting several counties in violation of § 1(C)(3)(b). In accordance with Article XIX of the Ohio Constitution, it ordered the General Assembly to enact a new congressional plan within 30 days of its judgment.
• The General Assembly failed to enact a new plan by its deadline, so congressional redistricting authority passed to the Ohio Redistricting Commission which adopted a new congressional plan on March 2, 2022. Two days later, the plaintiffs filed a motion to enforce the Court’s January 14 order alleging the Commission’s congressional plan was still an unconstitutional partisan gerrymander.
• On March 18, 2022, the Court denied the plaintiffs’ motion as procedurally improper and denied leave to amend their complaint, explaining that under the Ohio Constitution, the Court’s final judgment was issued on January 14, 2022, and it lacked jurisdiction to review a remedial plan passed or adopted under Article XIX, §§ 3(A) or 3(B). The Court explicitly stated, however, their order did not preclude a new lawsuit being filed to challenge the March 2, 2022, plan.

Related Case: League of Women Voters of Ohio v. DeWine

Similar Cases: Bennett v. Ohio Redistricting Comm'n; League of Women Voters of Ohio v. Ohio Redistricting Comm'n; Ohio Organizing Collaborative v. Ohio Redistricting Comm'n

CASE LIBRARY

Ohio Supreme Court - No. 2021-1428 [together with No. 2021-1449]

• Relators' Complaint in Original Action - 11/22/21
• Exhibits to Complaint (Vol. I of II) - 11/22/21
• Exhibits to Complaint (Vol. II of II) - 11/22/21
• Order - 11/23/21
• Relators' Motion for a Scheduling Order - 11/23/21
• Order - 11/24/21
• Secretary of State Frank LaRose's Response to Relators' Motion for Scheduling Order - 11/29/21
• Respondents Huffman and Cupp's Response to Relators' Request for Scheduling Order - 11/29/21
• Answer of the Ohio Secretary of State Frank LaRose - 11/29/21
• Motion to Dismiss and to Stay Discovery of the Ohio Redistricting Commission, et al. - 11/29/21
• Relators' Motion for an Order Issuing Letters Rogatory for Issuance of Subpoenas for Out-of-State Discovery - 11/29/21
• Order - 11/29/21
• Order - 11/30/21
• Relators' Response to Respondents' Motion to Dismiss and to Stay Discovery - 12/1/21
• Answer and Affirmative Defenses of Respondents Huffman and Cupp - 12/3/21
• Relators' Motion to Compel Expedited Discovery - 12/3/21
• Order - 12/3/21
• Secretary of State Frank LaRose's, Governor Mike DeWine's, and Auditor Keith Faber's Response to Relators' Motion to Compel - 12/6/21
• Order - 12/6/21
• Evidence of Adams Relators; Affidavit of Derek S. Clinger & Exhibits - 12/10/21
• Presentation of Evidence by Respondents Huffman and Cupp (Vol. I-IV) - 12/10/21
• Affidavit of Alexander Thomson; Relators' Evidence: Government Materials - 12/10/21
• Affidavit of Alexander Thomson; Exhibits Appendix A: Hearing Transcripts (Vol. I-II) - 12/10/21
• Affidavit of Alexander Thomson; Exhibits Appendix B: Other Government Materials - 12/10/21
• Affidavit of Alexander Thomson; Exhibits Appendix C: SB 258 (Vol. I-III) - 12/10/21
• Evidence of Adams Relators; Expert Affidavit of Dr. Jowei Chen - 12/10/21
• Evidence of Adams Relators; Expert Affidavit of Dr. Jonathan Rodden & Exhibits - 12/10/21
• Affidavit of Freda J. Levenson; Relators' Evidence: Discovery and Deposition Files - 12/10/21
• Affidavit of Freda Levenson; Exhibits Appendix A: Depositions (Vol. I-II) - 12/10/21
• Affidavit of Freda Levenson; Exhibits Appendix B: Documents Produced in Discovery (Vol. I-III) - 12/10/21
• Affidavit of Freda Levenson; Exhibits Appendix C: Written Discovery - 12/10/21
• Affidavit of Freda J. Levenson; Exhibits Appendix D: General Assembly Redistricting Depositions (Vol. I of IV) - 12/10/21
• Affidavit of Freda J. Levenson; Exhibits Appendix D: General Assembly Redistricting Depositions (Vol. II of IV) - 12/10/21
• Affidavit of Freda J. Levenson; Exhibits Appendix D: General Assembly Redistricting Depositions (Vol. III of IV) - 12/10/21
• Affidavit of Freda J. Levenson; Exhibits Appendix D: General Assembly Redistricting Depositions (Vol. IV of IV) - 12/10/21
• Affidavit of Freda Levenson; Exhibits Appendix E: A. Philip Randolph Institute v. Smith Depositions (Vol. I-III) - 12/10/21
• Evidence of Adams Relators; Affidavit of Raisa Cramer & Exhibits - 12/10/21
• Brief of Amicus Curiae Ohio Environmental Council in Support of Relators - 12/13/21
• Relators' Merits Brief - 12/13/21
• Supplement to Relators' Merits Brief - 12/13/21
• Relators' Motion for Oral Argument - 12/14/21
• Order - 12/14/21
• Secretary of State Frank LaRose's Response to Relators' Motion for Oral Argument - 12/15/21
• Response to Relators' Motion for Oral Argument - 12/15/21
• Order - 12/17/21
• Brief of Secretary of State Frank LaRose - 12/17/21
• Merits Brief of Respondents Huffman and Cupp - 12/17/21
• Relators' Reply Brief - 12/20/21
• Opinion - 1/14/22
• Motion to Enforce Court's Order - 3/4/22
• Evidence to Motion to Enforce Court's Order (Vol. I) - 3/4/22
• Evidence to Motion to Enforce Court's Order (Vol. II) - 3/4/22
• Evidence to Motion to Enforce Court's Order (Vol. III) - 3/4/22
• Evidence to Motion to Enforce Court's Order (Vol. IV) - 3/4/22
• Order - 3/5/22
• Response of Secretary of State Frank LaRose to Petitioners' Motion to Enforce Court Order - 3/8/22
• Response to Motion to Enforce - 3/8/22
• Order - 3/18/22